“Judge Refuses to Dismiss Case Challenging Obamacare Subsidies”
But don’t get too excited: eventually John Roberts will rule that Executive discretion allows Obama to pick and choose who gets penalized — er, I mean “taxed” — for failing to sign up for exchanges that aren’t functional, by way of a portal that isn’t workable, that require a health insurance mandate for patients that doctors refuse to see. Also, the judge has refused to issue an injunction, meaning naturally the implementation can continue apace, despite the fact that it can’t, physically, do so just now, being as it stands an unworkable pile of distraught and desperately packed together code and an 800 number manned by OFA staffers whose previous experience has generally been reserved for steaming milk to spoon atop specialty coffees.
Because that’s what the Framers intended. Or maybe I’m thinking of Kafka. I get confused of late.
A federal judge on Tuesday refused to dismiss a lawsuit that seeks to block the Obama administration from offering subsidies to low- and middle-income individuals who buy health insurance though online exchanges run by the federal government.
U.S. District Judge Paul Friedman in Washington, in an oral ruling from the bench, rejected several Justice Department arguments on why the legal challenge should be tossed out of court.
The challengers, four individuals and three employers, argue that the insurance subsidies are barred by the actual language in President Barack Obama’s signature health-care law, the Affordable Care Act.
Under the act, individuals can qualify for subsidies, in the form of tax credits, if they buy health insurance through an exchange “established by the state.” A majority of states, however, chose not to set up their own marketplaces, leaving the federal government to run some or all of the exchanges in 36 states.
The challengers contend that the health law precludes subsidies for consumers who buy insurance through those federally run exchanges instead of state exchanges. They say the Internal Revenue Service contravened the text of the law when it promulgated a regulation last year making clear that the subsidies were available to individuals who bought insurance on either type of exchange.
As I’ve explained before, I don’t believe we’re even operating under the law that was passed (illegitimately, using the budget process) by Congress: the President has made foundational changes to the law, both in respect to waivers and dates for implementation that are clearly political in nature, but that is ancillary to this case, which is about fundamental “fairness,” a buzzword of our social justice Marxist President, who when push comes to shove seems always to have his DOJ argue against the necessity of fairness.
It’s who they are. It’s what they do.
And while fewer Americans are still falling for the Progressive Big Lies, still too many are either asleep, or being coaxed on what to believe by a MSM propaganda outfit all but openly committed to a progressive agenda — even as it pretends to wear a mantle of objectivity or neutrality.
The whole stinking lot of them need to be packed into a space ship and rocketed out into orbit, where they can do no harm.
But alas, Obama already prepared for that eventuality and has turned NASA into an outreach program for 7th Century head loppers. So we’re fucked there, too.